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Herein is material that may be hard for many to comprehend and accept. With that stated, after studying law for over fifteen years this author has found that people believe what they want to believe,1 even if it is to their detriment.2 This is most unfortunate…

Transcript of Citizen Legal Fiction

  • Peoples Awareness Coalition

    pacinlaw.org

    Download this five page document at www.pacinlaw.org/citizen [v.011513]

    CITIZEN AS A LEGAL FICTION Authored by LB Bork [email protected] " The wise know their weakness too well to assume infallibility; and he who

    knows most, knows best how little he knows." Thomas Jefferson

    INTRODUCTION Herein is material that may be hard for many to comprehend and accept. With that stated, after studying law for over fifteen years this author has found that people believe what they want to believe,1 even if it is to their detriment.2 This is most unfortunate

    Billions of people just living out their lives oblivious. Agent Smith, the Matrix

    SYLLABUS Herein a brief explanation is laid on how the Fourteenth Amendment operates in reference to a citizen in regard to legal fictions (or presumptions).3 While studying this information, keep in mind a master can give any right to his slaves that he deems appropriate.

    FORWARD Recently, a national of Florida who is a student of PAC sent the information below to us. It is a definition from the U.S. Immigration & Naturalization Service (INS) website: Citizenship. Overview

    A citizen of the United States is a native-born, foreign-born, or naturalized person who owes allegiance to the United States and who is entitled to its protection. In addition to the naturalization process, the United States recognizes the U.S. citizenship of individuals according to two fundamental principles: jus soli, or right of birthplace, and jus sanguinis, or right of blood.

    Note what the above sets forth in its short, simple statement: 1) A citizen of the United States owes allegiance to the United States and is entitled to ITS protection; 2) The United States recognizes the citizenship rule of birthplace, i.e., jus soli.4 Moreover, it should be noted that the INS does not list the nationalities of the several states of the American union on the website;

    1 BRAINWASHING, n. The application of a concentrated means of persuasion, such as an

    advertising campaign or repeated suggestion, in order to develop a specific belief or motivation. American Heritage Dictionary, 1998

    2 In addition: Most people in America are comfortable being socialists. One will find that generally people that protest taxes want the socialism but just do not want to pay for it through excessive taxation.

    3 NOTE: A Legal Fiction is also referred to as a presumption. See this authority: "A presumption is a deduction which the law expressly directs to be made from particular facts." (Code Civ. Proc., sec. 1959 [Note: now Evidence Code, 600.].) And "a presumption (unless declared by law to be conclusive) may be controverted by other evidence, direct or indirect: but unless controverted, the jury is bound to find according to the presumption." (Code Civ. Poc., sec. 1961 [Note: now Evid. Cd, 602 et seq.].) (bracketed information added) In re Bauer (1889), 79 Cal. 304, 307.

    4 JUS SOLI. Blacks Law Dictionary, Sixth Edition Deluxe

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    although they may be found enumerated in the United States Style Manual (1984), chapter 5.23. In the ORIGINAL form of the constitutional system, a man owes his fidelity to his state government; the United States is deemed a FOREIGN STATE. The people of the states generally had (has) no direct dealings with the United States except in a limited sense.

    Note that nationality is relative to nation. Each state in the American union is a nation. There is absolutely NOTHING in the Federal Constitution that negates that fact. The Fourteenth Amendment is the only device that negates that fact, under the color of law, i.e., fraud, if you will. As a further reference, if you look at all statehood acts which admit new states to the Union, you will find that all such states are on equal ground with the original thirteen states at the signing of the Declaration of Independence. In essence, this is setting forth that the several states are independent nations and maintain all rights under international law. The United States Constitution is where a portion of their sovereignty is contracted away to the federal government. Although the several states are national governments, and the United States is a federal government, the several states operate as national governments which maintain a clipped sovereignty; however are still deemed national governments. And depending on what issue of international law that is in questionas specified in the Constitution for the United States of Americawill determine if the United States is to act as a national or federal government. An example of the United States acting as a national government is the right of treaty. It has been contracted away by the several States to the United States that makeup the Union. In this sense, the United States is a [quasi]national government in regard to treaties.

    By and large, you will not find any case law on nationality that is internal to the Union, as there is none. Why you ask? It is ventured that everyone has been flimflammed by the political propaganda of the Elite and the Black Robes the past 200 plus years. Actually, the first time the nationalities of the states of the Union were statutorily recognized by the United States is by the Rump Congress in the Nationality Act of 1940. However by that time in the game there were enough other legal operationsaside the operations of the Fourteenth Amendmentthat pinned the status of citizen and national of the United States on all Americans.5 Now this jurist interjects this plain and simple fact that is easy to understand: Rights are from the Creator (God); privileges are from government. When so-called rights are enumerated by government, one should understand that his God-given rights are hanging in the balance. That being the case, as a basic ruleif you have so-called constitutional rights from government this creates the legal fiction that IT is your god (or ruler), and not your Creator. With those matters set forth, we will go into back into the INS authority:

    UNDERSTANDING THE INS AUTHORITY First, in American lawand international lawthere is a legal principle termed a citizen.6 The antithesis of a citizen (subject) is a freeman. Also, note that the term jus soli is of feudal origin. In American law, the sequence is as follows: man = fidelity to his nation or people, and a: republic = nation, then: citizen = allegiance to his de jure (lawful) government. A man born in a country 7 establishes a legal fiction that he owes allegiance to the government as a citizen. To expand, in the American system, the term citizen is a reference to political rights. In this

    5 e.g., Voting, Social Security, are just a few facts that make one a United States citizen. 6 The citizen principle was setup by Vattel in his Law of Nations (circa 1750). This material

    is believed to be some of the preemptory measures of the New World Order. 7 COUNTRY. By country is meant the state of which one is a member. Bouviers Law Dictionary, 1856

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    sense calling oneself a citizen establishes a tacit contract between a man and his government, i.e., he is subject to laws executed by HIS state of which he is a citizen. The Fourteenth Amendment actually disfranchised all LAWFUL citizens of the states.8 This in turn created a 'political limbo' situation for such people.9 Of course, if one wants to participate in sedition10 against the rightful political law (de jure) of his state by allowing the Fourteenth Amendment to label them as a United States citizen, it is noted that should be his prerogative. This jurist chooses not to be such, as I am not property or under guardianship of Congress. Moreover, you are cautioned that referring to yourself as a citizen or state citizen11 under the current de facto legal system; a legal fiction is created that you are a United States citizen. In other words, technically there are currently no state citizens (see previous comments). To continue, the INS authority sets-up the standard for what the United States deems you are; that is to say, the legal fiction or fact is that everyone is a United States citizen and national.12 This makes such people subject to ITS jurisdiction under private law.13 Further, this jurist has noted that the authority of the United States Style Manual (1984), under Chapter 5.23, sets forth that men and women born in one of the several states in the Union are referred to as natives. This is the same as being native of a country. This should tell one that they grant the Declaration of Independence status, so to speak; however they are presuming that you ARE NOT a national of the state, but are rather a citizen de facto of both the state and federal governments (see dual citizenship14 under the Fourteenth Amendment system). Accordingly, this jurist has determined that the United States is using the rule of jus soli in the Style Manual for a reason; such reason why this is being done is two pronged:

    8 REPUBLIC. It [this] signifies the state independent of its form of government. Blacks Law Dictionary,

    Sixth Edition Deluxe [this is stating that state is not actually the same as republic] 9 Dyett v Turner, 266 Utah 439 PACIFIC REPORTER, 2d SERIES. 10 SEDITION, crimes. The raising commotions or disturbances in the state; it is a revolt against legitimate authority.

    The distinction between sedition and treason consists in this, that though its ultimate object is a violation of the public peace, or at least such a course of measures as evidently engenders it, yet it does not aim at direct and open violence against the laws, or the subversion of the constitution. Bouviers Law Dictionary, 1856

    IMPORTANT NOTE: The legitimate authority are nationals of a state, not United States nationals, e.g., see the case Breedlove v. Suttle, 302 U.S. 277 (1937). In this case the court stated that the states have supreme authority in who elects its officials, not the United States (see 14th Amendment).

    11 CITIZEN OF A STATE. A citizen of United States, residing in any state of the Union; Fourteenth Amendment of the United States Constitution. See citizens resident in the state. Ballentines Law Dictionary, Third Edition

    12 Title 8 USC 1401. Nationals and citizens of United States at birth. The following shall be nationals and citizens of the United States at birth: (a) A person born in the United States, and subject to the jurisdiction thereof. [note the 14th Amendment language]

    13 CONTROL FACTOR: See the language of ITS nationals in the NEUTRALITY ACT OF 1939. PREAMBLE. Whereas the United States, desiring to preserve its neutrality in wars between foreign states and desiring also to avoid involvement therein, voluntarily imposes upon ITS nationals by domestic legislation the restrictions set out in this joint; and Whereas by so doing the United States waives none of its own rights or privileges, or those of any of ITS nationals, under international law, and expressly reserves all the rights and privileges to which it and ITS nationals are entitled under the law of nations; and Whereas the United States hereby expressly reserves the right to repeal, change or modify this joint resolution or any other domestic legislation in the interests of the peace, security or welfare of the United States and ITS people. If the language were correct it would read THEIR nationals, see the Thirteenth Amendment for the proper language: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to THEIR jurisdiction.

    14 DUAL CITIZENSHIP. Citizenship in two different countries. Status of citizens of United States who reside within a state; i.e., persons who are born or naturalized in the United States are citizens of the United States and the state wherein they reside. Blacks Law Dictionary, Sixth Edition Deluxe

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    1) The State (that is: a 14th Amendment State) in which one is born claims him as a vassal/subject15 under the Fourteenth Amendment; 2) To hide the fact that each state in the Union has a nationality status.

    Furthermore, if someone moves to a different state in the Unione.g., and he votesfurther establishes another fact that he is a United States citizen, and not a national of a state. If the United States were recognizing men and women in the states as being nationals of the states it would have listed them as such in the United States Style Manual (1984) under chapter 5.23 instead of listing them as natives.16 This jurist requests that you understand that the national of a state premise under international law was not easy to maintain prior to the implementation of the Fourteenth Amendment; as the governments referred to citizens as subjects.17 Maybe you have heard of the aforementioned concept before as related to American history?

    With that stated, there is the remedy to this situation What is it? Do you venture a guess?

    Well, a positive factor about the Fourteenth Amendment governmental system is that nationals of the republics in the Union can claim Legislation without Representation.18

    THE PROVERBIAL NOOSE In regard to Part 1 of the INS dissection above, in the past this jurist has expressed to readers that using Title 42 Suits is a bad thing. The advent of such law was grounded in providing a thing called Civil Rights to the ex-slaves. Moreover, this jurist notes that most patriot types think that such ex-slaves are the only U.S. citizens or citizens of the United States; however this is totally wrong: the fact is all other Americans are brought down to the same level as the ex slaves. Using Title 42 remedies is just one way to look like a United States citizen.19 Please understand that there are many legal fictions that will make Americans appear to be United States citizens. Another example is being a member of a national organization rather than one that is state based creates a presumption that you are a United States citizen, e.g., NRA. The above noted principles deem the average American to be under the dependency20or being that of a subject of the United States (or Congress)and of the Fourteenth Amendment State in which he lives. This gives license to the government to intrude into your life.

    15 VASSAL, n. 1. A person who held land from a feudal lord and received protection in return for homage and

    allegiance. 2. A bondman; a slave. 3. A subordinate or dependent. American Heritage Dictionary, 1998 16 Note the name of this section is referred to as: Nationalities, etc. More U.S. deceptive practice;

    however, note this serves as evidence that one has to terminate federal citizenship. 17 In example: See Section 39 of the Vermont constitution. Every person, of good character, who comes to

    settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold and transfer land, or other real estate; and after one year's residence, shall be deemed a free denizen thereof, and entitled to all rights of a natural born subject of this State, except that he shall not be capable of being elected Governor, Lieutenant Governor, Treasurer, Councillor or Representative in Assembly, until after two years residence.

    18 See the Nationalist Party : www.pacinlaw.org/nationalist 19 The Fourteenth Amendment applies to the STATES in regard to due process. Claiming any other

    general rights under (and not protected by) the Federal Constitution will create the legal fiction that you are a United States citizen given rights under the Fourteenth Amendment.

    20 FEUDALISM. 1. A political and economic system of Europe from the 9th to 15th century, based on the holding of all land in fief or fee and the resulting relation of lord to vassal and characterized by homage, legal and military service of tenants, and forfeiture. 2. A political, economic, or social order resembling this medieval system. American Heritage Dictionary

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    We now ask you: Can decoding your Individual Master File (IMF) from the Internal Revenue Service protect your children from the clutches of Child Protective Services? Can getting such Individual Master File decoded get the federal land back in your statewhich is really your true countrythat has been pledged to the United Nations by Congress? The answer: NO!

    This is why this jurist states: People who center on income tax issues are selfish.

    THE CONCLUSION Simply put: The United States of America is not internally a nation. Referring to oneself as a state citizen or citizen of the United States of America is a dangerous thing with the Fourteenth Amendment political system in place.21 Fundamentally you cannot be a de jure (original) state citizen because there is no state (government) in existence that you can be a citizen of.22 And with a de facto government in place (that has to uphold de jure principles), all de jure citizens can do during such occupation is be politically disenfranchised and live de jure...

    "The chief enemies of republican freedom are mental sloth, conformity, bigotry, superstition, credulity, monopoly in the market of ideas, and utter benighted ignorance."

    Justice Black in Adderley v. State of Florida (1967)

    PEOPLE'S AWARENESS COALITION WELCOMES YOU! The Coalition has been separating the wheat from the chaff since 1998.

    Please join us in appropriating education and freedom that the republics provide!

    Visit People's Awareness Coalition at : www.pacalliance.us

    Join us at the Not My Government forum : www.notmygovernment.us/forum

    THE ISLAND MAKERS PROJECT People who are misleading people need to be exposed. The purpose of the Island Makers Project is to accomplish such measure and also show people where they are in their quest.

    IMP Site : www.islandmakers.us PAC Alliance: www.pacalliance.us/alliance

    Any of the above things sound familiar? Where you drafted? Do you really own your land when you have to pay

    tax on it? Does IT take your land for not paying your taxes? Do you get any benefits from the government? Well, see any similarities to the Feud? Also see: The ultimate ownership of all property is in the State; individual so-called ownership is only by virtue of Government; i.e., law, amounting to mere user; and use must be in accordance with law and subordinate to the necessities of the State. Senate Resolution No. 62 (April 24, 1933)

    21 See this propaganda on federal citizenship from 1906: . . .the spirit in the citizen that, originating in love of country, results in obedience to its laws, the support and defense. . . . such a citizen is called a patriot. . . it is the citizen who yields the legitimate share of his property, as well as the proper services of his person, to the lawful demands of his country for support, who is the real patriot.

    STUDIES IN CONSTITUTIONAL LAW, A Treatise On American Citizenship, by John S. Wise, Edward Thompson Company Northport, Long Island, N.Y. (1906) 22 The term, citizen = political rights. See this information at : www.pacinlaw.org/questions